Terms and Conditions
These Terms of Conditions ("Terms and Conditions") shall set out the terms and conditions of use for users ("Users") of the membership-based product sales service ("Service") provided by SOLIT Inc.("Company") on the Company's website.
Article 1 (Definitions).
1. In Terms and Conditions, "the Products" means the clothes and other goods manufactured and sold by the Company through the Services.
2. In Terms and Conditions, "login information" means passwords, account information for other companies' services and other information for logging into an account for the Service.
3. "Force Majeure" in Terms and Conditions means any event beyond its reasonable control, including but not limited to acts of nature, acts of any government or governmental authority, compliance with any law, regulation or order, fire, storm, flood or earthquake, war (whether or not war has been declared) , insurrection, revolution or riot, or strike or lockout.
4. In Terms and Conditions, "Intellectual Property" means any of the following
(1) Inventions, devices, new varieties of plants, designs, works and other things produced by the creative activity of man (including laws or phenomena of nature that have been discovered or elucidated and that have industrial applicability).
(2) Trademarks, trade names and other marks indicating goods or services used in business activities.
(3) Trade secrets and other technical or business information useful for business activities.
5. In Terms and Conditions, "intellectual property rights" means patent rights, utility model rights, breeder's rights, design rights, copyright, moral rights, trademark rights and other rights provided for by law in relation to intellectual property and rights relating to interests protected by law (including laws and regulations to be legislated in the future and laws and regulations outside Japan. The same applies hereafter in this Terms and Condition).
Article 2 (Application for registration)
1. In order to use the Service, the User must complete the membership registration process for the Service on the Company's website and enter into a contract for the use of the Service with the Company ('Usage Agreement').
2. When the user completes the membership registration process for the Service on the Company's website, a Usage Agreement containing the provisions of Terms and Conditions shall be established between the user and the Company at that point in time.
3. The User shall be issued with an account for the Service at the time of completion of the membership registration procedure for the Service on the Company's website.
Article 3 (Management of accounts)
1. The User shall manage its own login information at its own risk.
2. The User may not, under any circumstances, allow a third party to use its own account for the Service.
3. If a third party other than the User logs into the Service using the login information of the User, the Company may regard the use by the third party as use by the User itself, who has registered its e-mail address.
Article 4 (Registration information)
1. The user shall register login information, information about the user and other information according to the company's specifications through the Service.
2. If there are any changes to the information registered with us, the user must carry out the registration information change procedure through the Service. The user shall bear all responsibility for any damages incurred by the user as a result of not changing the information, and the Company shall not be liable for any such damages.
3. The user shall guarantee the accuracy of the information registered in accordance with this Article.
4. If the user causes damage to the Company or a third party by registering false information, the user shall be liable for compensation and other responsibility for such damage.
Article 5 ( Order for the purchase of products)
1. The User shall be able to place an order for the purchase of the Product from the Company through the purchase procedure by the Service.
2. When making an order to purchase a Product from us, the User must complete payment of the price of the Product and delivery charges by credit card and other methods specified by us at the same time as making the order.
3. The User may not withdraw the order for the purchase of the Product made through the Service to the Company in the absence of reasons attributable to the Company.
Article 6 ( Formation of a contract for the sale and purchase of products)
1. If the User orders a Product through the Services and the Company sends a notice of consent to such an order, a Product Sales Contract, which contains the provisions of Terms and Conditions regarding the Company's sale of the Product to the User,('Product Sales Contract') shall be concluded between the User and the Company.
2.The declaration of consent referred to in the preceding paragraph shall be made by sending information to indicate that the order has been completed to the User's screen through the Service or by sending a notification that the order has been completed to the registered person.
3. If, after the conclusion of the Product Sales Contract, payment of the price of the Product and delivery charges at the time of order is found to be incomplete, the User must immediately pay the price of the Product and delivery charges to the Company.
Article 7 (Description of products, price amount, shipping time and delivery charges)
The description of the Product, the amount of the price, the shipping time and delivery costs shall be as stated on the product page of the Product in the Service and on the purchase order page of the Product.
Article 8 (Transfer of ownership and risk)
1. Ownership of the Product shall pass to the User at the time it is handed over to the User by the delivery company.
2. The same shall apply to the risk of the Product as in the preceding paragraph.
Article 9 (Cancellation of the contract for the sale of products)
1. The User may cancel the Product Sales Contract by completing the cancellation procedure from the page specified by the Company on the Company's website by 18:00 (6:00 p.m. Japan time) on the day following the day on which the Product Sales Contract is concluded.
2. The User can not cancel the Product Sales Contract, regardless of whether it is before or after delivery of the Product, if there are no reasons attributable to Our Company, except in the case of the preceding paragraph.
Article 10 (Contractual incompatibility)
1. In the event that the Product delivered to the User is defective, the wrong product is delivered or the Product otherwise does not conform to the contents of the Product Sales Agreement in terms of type or quality, the Company shall replace or repair the Product free of charge and at the Company's expense for return shipping. In this case, the User shall send the Product to our company with a printout of the purchase completion page of the Product or other documents that show that the Product was purchased from our company, with the Product paid for on arrival.
2. The Company may, at its discretion, substitute the replacement or repair in the preceding paragraph by refunding the price of the goods and the delivery costs if the replacement or repair in the preceding paragraph is not possible.
Article 11 (Exemption from liability).
1. If any description or representation of the Product on the Services differs from the current conditions, the current conditions shall prevail and the Company shall not guarantee the accuracy, completeness or up-to-dateness of the description or representation of the Product on the Services. The Company has made every effort to ensure that the description and representation of the Product on the Services are as accurate as possible.
2. The photographs used to present the Products on the Services are intended as images unless otherwise stated and may differ slightly in colour from the actual Products due to photography, display, etc. The Company shall not guarantee the sameness of the Products to the photographs used to present the Products on the Services.
3. The Company shall not be liable for non-fulfilment or delay in performance of the obligation to deliver the Product due to force majeure.
4. In the event that we are liable for compensation in connection with the Product Sales Contract, the extent of our liability shall be within the range of damages that could normally arise and shall be limited to a maximum of JPY 10,000 per order. However, this shall not apply in the event of intent or culpable fault on the part of the Company.
Article 12 (Prohibitions).
1. The User must not perform any of the following acts when using the Service.
(1) Registering false information with the Company.
(2) Acts in breach of the law or acts related to criminal acts.
(3) Acts that infringe on the intellectual property rights or other property rights, privacy rights or portrait rights of the Company or third parties.
(4) Acts that damage the reputation or credibility of the Company or third parties.
(5) Acts that defame the Company or third parties.
(6) Acts that cause economic damage to the Company or third parties.
(7) Acts that are threatening to the Company or third parties.
(8) Transmitting information through the Service that falls under or is deemed by the Company to fall under any of the following.
・Information containing excessively violent or cruel expressions.
・Information containing computer viruses or other harmful computer programs.
・Information containing expressions that damage the reputation or credibility of the Company or third parties.
・Information containing excessively pornographic expressions.
・Information containing expressions that encourage discrimination.
・Information containing expressions that encourage suicide or self-harm.
・Information containing expressions that encourage the inappropriate use of drugs.
・Information containing anti-social expressions.
・Information that calls for the spread of information to third parties, such as chain mail.
・Information containing expressions that cause discomfort to others.
(9) Acts that place an excessive load on the Service's network or system, etc.
(10) Reverse engineering or other acts of analysis of the software or other systems provided by the Company.
(11) Acts of attempting to access the Service by means other than the interface provided by the Company.
(12) Acts that may interfere with the operation of the Service.
(13) Acts of impersonating another person.
(14) Acts of using the Service with another person's login information.
(15) Advertising, promotion, solicitation or business acts on the Service that are not authorised in advance by the Company.
(16) Acts of collecting or accumulating information on other users of the Service.
(17) Acts of leaking personal information to third parties.
(18) Acts that cause disadvantage, damage or discomfort to the Company, other users of the Service or other third parties.
(19) Provision of benefits to gangsters, companies affiliated with gangsters, or similar persons or their members ("anti-social forces").
(20) Actions for the purpose of meeting people of the opposite sex with whom one is not acquainted.
(21) Acts that offend public order and morals.
(22) Acts that may obstruct the operation of the Service by the Company.
(23) Acts that directly or indirectly cause or facilitate acts in the preceding items.
(24) Attempting to do any of the preceding acts.
(25) In addition to the acts listed in the preceding items, acts that the Company deems inappropriate.
Article 13 (Attribution of rights).
1. All intellectual property rights in relation to the Company's Website and the Services belong to the Company or third parties who have granted licences to the Company, and the licence to use the Services under these Terms and Conditions or this User Agreement shall not grant a licence to use the intellectual property rights of the Company or third parties who have granted licences to the Company in relation to the Company's Website or the Services.
2. The user shall grant the Company and third parties designated by the Company a worldwide, non-exclusive, free of charge, sub-licensable and transferable licence to use, reproduce, distribute, create derivative works from, display and perform the data posted when using the Services ("Posted Data").
3. The User shall declare and guarantee to the Company that they have the lawful right to post or otherwise transmit the Posted Data and to grant the licence in the preceding paragraph, and that the Posted Data shall not infringe the rights of any third party.
4. The user agrees not to exercise any personal rights of authorship in relation to the posted data against the Company or any third party designated by the Company.
Article 14 (Restrictions on use, etc.)
1. The Company may, without prior notice, restrict the use of the Services by the User or delete the User's account and prevent the User from using the Services thereafter, if any of the following apply.
(1) If all or part of the registration details provided to the Company at the time of application for registration are false, erroneous or omitted.
(2) If you are a minor, an adult ward, a person under curatorship or a person under assistance and have not obtained the consent of your legal representative, guardian, curator or assistant when applying for registration.
(3)If we determine that the user has violated Terms and Conditions or a contract with us before applying for registration, or is related to such a person.
(4)If the User has allowed anti-social forces to use their own name to conclude the Usage Contract.
(5)When the user has violated any of the provisions of Terms and Conditions.
(6)When the Company determines that the User or their close relatives are antisocial forces, or are involved in any interaction or involvement with antisocial forces such as cooperating or being involved in the maintenance, operation or management of antisocial forces through funding or other means.
(7)When there has been no use of the Service for one year or more.
(8)If there is no response to enquiries or other communications requesting a response from the Company for 30 days or more
(9)If the Terms and Conditions have been amended and you do not complete the consent procedure despite our request for consent to the amended Terms and Conditions.
(10) In addition to the preceding items, if the Company deems the use of the Services by the User to be inappropriate.
2. The Company shall not be liable for any damage incurred by the user as a result of restrictions on use, deletion of accounts or discontinuation of use of the Service made by the Company in accordance with the preceding paragraph.
Article 15 (Withdrawal from membership)
The User may delete the account belonging to the User of the Service and withdraw from membership by following the procedure through the Service. The User may not use the Service with the account concerned after withdrawal from membership.
Article 16 (Changes to service content, etc.)
1. The Company shall be entitled to change the contents of the Service or permanently terminate the Service without notice to the User.
2. If the Company permanently terminates the Service, the User may not use the Service thereafter. However, the Product Sales Agreement established during the Service shall remain in force even after the permanent termination of the Service.
3. The Company shall not be liable for any damage incurred by the User as a result of changes to the content of the Services or the permanent termination of the Service.
Article 17 (Compensation for damages).
1. If the User causes damage to the Company in connection with the use of the Services, the User shall compensate the Company for the damage at the User's expense and responsibility (This includes compensation for damages and legal fees).
2. If, due to an act attributable to the User, the Company receives a claim for damages or other compensation from a third party, the User shall settle the claim at their own expense and responsibility. In the event that the Company has incurred damages or other costs against such third parties, the User shall pay all costs incurred by the Company to the Company. (This includes compensation for damages and legal fees).
3. The amount of damages for the User's breach of the obligation to pay money to the Company shall be determined at an interest rate of 14.6% per annum.
Article 18 (Exemption from liability).
1.The Company shall not be liable for any transactions, communications or disputes arising between the User and other Users or other third parties in relation to the Services.
2. The Company shall make no warranty that the Services will be free from errors.
3. The Company shall not guarantee that the Services are compatible with the user's environment of use and shall not be liable for the suitability of the Services for the user's environment of use.
4. The Company shall not be liable for non-fulfilment or delay in fulfilment of its obligations due to force majeure, other than as provided for in Article 11.3.
5. Even if the Company is liable for any reason, the extent of its liability shall be within the range of damages that could normally arise and shall be limited to a maximum of JPY 10,000 per user. However, this shall not apply in the event of intent or culpable misconduct on the part of our company.
6. Notwithstanding the provisions of the preceding paragraph, our liability in connection with this Product Sales Contract shall be in accordance with Article 11.4.
7. If the payment from the Company to the User cannot be processed due to the User's failure to provide an appropriate response or information for more than six months despite the Company's enquiry to the User for the purpose of making payment to the User, the Company shall be exempt from payment obligations in respect of the amount in question.
Article 19 (Communications and notification)
1. Enquiries and other communications or notifications from the User to the Company concerning the Service, notifications concerning changes to the Terms and Conditions and other communications or notifications from the Company to the User shall be made in a manner determined by the Company.
2. If the Company makes contact or notifies the User to the contact address which the User has registered their information with the Company, the User shall be deemed to have received such contact or notification.
Article 20 (Privacy policy).
1. The Company shall handle personal information obtained through the provision of the Services in accordance with a separate privacy policy (https://solit-japan.com/pages/privacypolicy). In the event of a conflict between Terms and Conditions and the privacy policy in question, the provisions of the privacy policy in question shall take precedence.
2. The user agrees that their personal data will be handled in accordance with the privacy policy in the preceding paragraph.
Article 21 (Prohibition of transfer).
1. The User may not transfer its position under the User Agreement or the Product Sales Agreement or its rights or obligations under the User Agreement or the Product Sales Agreement to a third party or offer them as security without the prior written consent of the Company.
2. In the event that the Company transfers the business relating to the Service to a third party, the Company may transfer the position under the Usage Agreement or Product Sales Agreement, the rights and obligations under the Usage Agreement or Product Sales Agreement, and information (including personal information) relating to the User to the party to which the business is transferred, and the Registered User agrees to such transfer in advance. The Registered User agrees in advance to such transfer.
Article 22 (Modification of terms and conditions).
1. We shall be entitled to change the Terms and Conditions if we deem it necessary to do so.
2. The changes in the preceding paragraph shall be made known to the public by posting the changes to the Terms and Conditions, the content of the changed Terms and Conditions and the effective date of the changes on our website after specifying the effective date of the changes. However, in the case of changes to the Terms and Conditions for which the consent of the user is legally required, the consent of the user shall be obtained in the manner specified by the Company.
3. The contents of the User Agreement or the Product Sales Agreement concluded prior to the modification of Terms and Conditions shall be changed to the contents set out in the modified Terms and Conditions as soon as the effective date of the preceding paragraph has arrived (or, in the case provided for in the proviso of the preceding paragraph, as soon as the User has given their consent).
Article 23 (Severability).
If any provision of Terms and Conditions or any part thereof is found to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining other provisions of Terms and Conditions and the remainder of any provision that is found to be invalid or unenforceable in part shall remain in full force and effect.
Article 24 (Governing law and jurisdiction)
1. The Terms and Conditions, the User Agreement and the Product Sales Agreement and any legal acts relating thereto shall be governed by the laws of Japan.
2. Any conciliation, lawsuit or other dispute between the User and the Company concerning the Terms and Conditions, the Usage Agreement, the Product Sales Agreement or the Services shall be subject to conciliation and the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
【Adopted 31 March 2021】
【Revised 25 May 2021】